Himanshu Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 784 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-2317-2022 Himanshu Yadav Vs. State of MP

Through video conferencing

Gwalior, Dated : 17.01.2022

Shri Rajmani Bansal, Counsel for the applicant.

Shri Rajeev Upadhyay, Counsel for the State.

Case diary is available.

This fourth application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 10.07.2021 in connection

with Crime No.146/2021 registered at Police Station Huzrat Kotwali

Distt. Gwalior for offence under Sections 327, 452, 294, 324, 506, 34

of IPC and enhanced Sections 325, 329 of IPC.

It is submitted by the counsel for the applicant that third bail

application of the applicant was dismissed as withdrawn by order

dated 14.12.2021 passed in M.Cr.C. No.61151/2021 with liberty to

revive the prayer after undergoing some reasonable period of

detention. The applicant is in jail from 10.07.2021, i.e., more than six

months. According to the prosecution case, the applicant and other

co-accused persons went to a jewelry shop and caused injury to the

complainant and injured. The applicant was allegedly armed with an

iron rod. The injured Harsh had suffered fracture of tibia bone of his

right hand. The Trial is likely to take sufficiently long time and there

is no possibility of his absconding or tampering with the prosecution

THE HIGH COURT OF MADHYA PRADESH MCRC-2317-2022 Himanshu Yadav Vs. State of MP

case.

Per contra, the application is vehemently opposed by the

counsel for the State.

Considering the period of detention and without commenting

on the merits of the case, the application is allowed. It is directed that

the applicant be released on bail on furnishing a personal bond in the

sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like

amount to the satisfaction of the Trial Court/Committal Court to

appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.01.18 10:34:13 +05'30'